Implementation of Recommendations from Judicial Commission of Inquiry for a Capable and Ethical Public Service

The Department of Public Service and Administration (DPSA) is systematically implementing recommendations from the Judicial Commission of Inquiry into State Capture, Corruption, and Fraud in the Public Sector. This includes lifestyle audits for the National Executive, review of public sector legislation, and developing a code of conduct for special advisers. Additional interventions for 2023/24 include inductions for new ministers, revisions to the Ministerial Handbook, and a code of conduct for special advisers.

• Public Service
• State Capture
• Corruption
• Judicial Commission
• DPSA

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1. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE 21 FEBRUARY 2024 Growing South Africa together for a capable and ethical Public Service 1

2. INTRODUCTION 2 1. The DPSA s approach to the implementation of the recommendations of the Judicial Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State is systematic, incorporates the President s response and includes both policy and legislative reforms 2. The Select Committee requested a briefing on steps taken to implement the following Commission recommendations: a) Implementation of lifestyle audits for members of the National Executive b) Review of public sector legislation and alignment with the National Framework towards the Implementation of Professionalisation of the Public Sector; and c) Development of a code of conduct for special advisers. Growing South Africa together for a capable and ethical Public Service

3. LIFESTYLE AUDITS 3 Growing South Africa together for a capable and ethical Public Service

4. LIFESTYLE AUDITS FOR MEMBERS OF THE NATIONAL EXECUTIVE 4 The Presidency is responsible for managing lifestyle audits for Members of the National Executive The eDisclosure system managed by the DPSA has been augmented to allow the Presidency to utilise the system for disclosing financial interests for Members of the National Executive Growing South Africa together for a capable and ethical Public Service

5. ADDITIONAL INTERVENTIONS PRIORITISED FOR ISSUE IN 2023/24 a). Induction for New Ministers to clarify the relationship between the political authority and the institutions they oversee: The Presidency has initiated a Programme of Induction that provides presentations and information on the PFMA and Public Service Act for Members of the Executive (Ministers and Deputy Ministers) to clarify the relationship between the political authority and the institutions they oversee. b). Revision to relevant sections of the Ministerial Handbook: The Ministerial Handbook was last amended on 02 November 2022 On 09 November 2022, the Presidency requested the Independent Commission for the Remuneration of Public Office Bearers to Review the Handbook and that process is underway. c). Development of a code of conduct for special advisers: The SpecialAdviser Dispensation has been reviewed to include a Code of Conduct Developed and will be submitted to Cabinet for approval as part of the review of the Special Adviser Dispensation 5 Growing South Africa together for a capable and ethical Public Service

6. LEGISLATIVE AMENDMENTS 6 Growing South Africa together for a capable and ethical Public Service

7. Review of public sector legislation and alignment with the National Framework towards the Implementation of Professionalisation of the Public Sector The DPSAis focused on the following areas emanating from the Professionalisation Framework- (a) Managing the political-administrative interface between the Executive and HODs; (b) The creation of a head of the public service; (c) Training and development of employees to ensure a competent and suitably skilled workforce; (d) Ensuring the mobility of staff to deploy skills where they are required; (e) Promoting ethical conduct and ensuring the removal of conflict of interest; (f) Performance management and discipline of public servants; (g) Role and terms and conditions of employment of special advisers; (h) Revision of the conditions of service for HODs 7 Growing South Africa together for a capable and ethical Public Service

8. PUBLIC SERVICE AMENDMENT BILL, 2023 The Public ServiceAmendment Bill provides- for administrative powers to be vested with heads of department while strategic powers must reside with executive authorities; that the Director-General in the Presidency will be the Head of the Public Administration to provide co-ordination between the spheres of government and support the President; provincial DGs assume the same role at provincial level. a prohibition for a head of department and employees directly reporting to the head of department from holding an office of authority in a political party. 8 Growing South Africa together for a capable and ethical Public Service

9. PUBLIC ADMINISTRATION MANAGEMENT AMENDMENT BILL, 2023 The PublicAdministration ManagementAmendment Bill provides for- the transfer of employees between the public service and municipalities and between municipalities with consent to ensure the mobility of employees across the spheres of government where human resource deficiencies exist or where operational requirements necessitate; clarification on the prohibition of doing business with the State; to clarify and augment the powers of the NSG to be a training facility that caters for the education and training of employees which is tailored to creating a cadre of professional public servants thereby ensuring a capable public administration; the imposition of a 12 month cooling off period for employees involved in the procurement of services of service providers. 9 Growing South Africa together for a capable and ethical Public Service

10. REVIEW OF REGULATIONS 10 Amendments to the Public Service Regulations, 2016 sought to: Regulate lifestyle audits Clarify the processes for the abolition of government components and specialised service delivery units Provide for the setting of higher salaries Create limitations on overtime worked Manage transfers of employees Provide for reasonable accommodation for persons living with disabilities Manage the extension of the term of a head of department Establish the Government Information Technology Council and its Officers Regulate the appointment of employees additional to the establishment Provide for periods of prohibition on the re-employment of former employees dismissed for misconduct. Growing South Africa together for a capable and ethical Public Service

11. DETERMINATIONS AND DIRECTIVES ISSUED IN TERMS OF THE PUBLIC SERVICE ACT 11 Reviewing SMS minimum entry requirements. Updating Competency Assessment Tools for Managers. Revising Training Determinations and Directives, including Graduate/Internship programmes, orientation, induction, and Revolving Door Policy. Reviewing Special Adviser Dispensation. Revising Discipline Management processes and norms on precautionary suspensions, including backlog project. Updating Performance Management and Development System (PMDS) framework, incorporated in HOD Directive. Reviewing recruitment processes for merit- based, inclusive, and transparent practices. Professionalisation Directive HOD/DDG Terms and Conditions of service Ethics Officer Directive. Discipline Management Directive Public Service Charter Directive Emerging Leaders in Public Service program: 120 participants in 2022/23, expanding to 300 in 2023/4 and 2024/5 Psychometry Integrity assessment tool development and pilot phase. Public Service Human Capital Strategy draft A prototype Central Discipline Register has been developed and piloted for launch from the 1st April 2024 to be used as part of vetting and recruitment processes. and Development Growing South Africa together for a capable and ethical Public Service 11

12. PILLARS OF THE PROFESSIONALISATION FRAMEWORK 12 Career Progression, Succession Planning & Management of Career Incidence of Heads of Department Continuing Learning & Professional Development Planning & Performance Management Recruitment & Selection Induction & Onboarding Pillar 1 Pillar 3 Pillar 2 Pillar 4 Pillar 5 Growing South Africa together for a capable and ethical Public Service

13. VOLUME 1: PROFESSIONALISATION DIRECTIVE The DPSA has prioritised the finalisation of Volume 1 of the Professionalisation Directive which guides the professionalisation rollout: 13 Pillar 1: Recruitment and Selection Pillar 2: Induction and Onboarding Pillar 3: Planning and Performance Management Pillar 4: Continuous Learning and Professional Development Volume 2 of the Professionalisation Directive deals with Pillar of the Professionalisation Framework and addresses HOD/ DDG Terms and conditions of employment Growing South Africa together for a capable and ethical Public Service

14. ADDITIONAL INTERVENTIONS PRIORITISED FOR ISSUE IN 2023/24 The DPSA has prioritised the following Directives that have an impact on professionalisation rollout: Ethics Officer submission Discipline Management Directive Public Service Charter Directive Emerging Leaders the Public Service program piloted with 120 young public servants in 2022/23 FY; new intake of 300 for 2023/4 and 2024/5. This program is funded by DPSA Psychometry Integrity assessment tool Public Service Human Capital Strategy 14 Growing South Africa together for a capable and ethical Public Service

15. INTEGRATED HUMAN CAPITAL STRATEGY 15 The strategy adopts an activist approach to assist departments to realise people and organisational objectives within the Public Service: 1.Workforce Strategy & Plan 2. Recruit & Onboard Public Service Delivery Outcomes Optimise organisational performance Improved public experience and brand Minimise execution risk Improved employee experience An effective HR service Delivery Model Public Service Strategy & Capabilities How an organisation evolves to deliver on its purpose & vision, including how it addresses internal or external changes, and the people, processes, tools and data required to enable that change Operating context (external shapers and environment) Impact of megatrends Technology disruption (e.g., robotics, RPA, AI) Regulatory change New employer/employee models Positioning the Public Service as an employer of choice A new model for effective HRM&D implementation in the Public Service 5. Reward & Recognise programme and change management 1. Strategy & Plan: Talent strategy Organisational culture, values and purpose Diversity & inclusion Workforce planning Capacity planning Competency models/talent assessments Organisational design Professionalisation of the Public Service 5. Reward & Recognise Total rewards (compensation, benefits both financial and non- financial) Retirement and pensions 6. Review & Transition Offboarding Transition employees to new roles or initiate outplacement/retirement/ termination support Reskilling Retention & severance 7. Employee Engagement Employee experience Employee communication Employee relations 8. Enabling Technology Maintain data management and analysis systems, technologies and procedures/policies 9. Systems Driven Data Analytics People analytics and insight Employee listening/monitoring 2. Recruit & Onboard Sourcing Selection Onboarding & integration 3. L&D: Develop & Deploy Learning strategy, planning, career pathing & execution Leadership development Employee/professional development Mobility 4. Measure & Manage Performance management Succession planning & pipeline development Workplace flexibility Employee wellness Growing South Africa together for a capable and ethical Public Service

16. CONCLUSION 16 The DPSA s actions support directly the President s Response to the Recommendations of the State Capture Commission. Quarterly reports are submitted to The Presidency Cabinet approved the Professionalisation framework in the 3rd quarter of the 2022/23 FY DPSA identified areas for implementation in 2023/24 FY through the established planning processes DPSA is on track in implementing the identified professionalisation priorities for 2023/24 FY The amendment Bills were approved on 14 February 2024 and will now be processed by the NCOP DPSA is currently involved in the planning process for 2024/25 and identifying professionalisation priorities amongst others DPSA is co-ordinating with the DPME how professionalisation priorities are to be incorporated into the APP of departments and the MTSF of the 7th Administration The AG-SA, has committed through an MOU with the DPSA, to audit professionalisation priorities Growing South Africa together for a capable and ethical Public Service

17. Growing South Africa together for a capable and ethical Public Service 17